| Act 90, which was
enacted on June 27, 1984, amended the Pennsylvania Library Code,
Title 24, Consolidated Statutes, Chapter 16, Section 428, as
follows:
Records related to the
circulation of library materials which contain the names or other
personally identifying details regarding the users of the State
Library or any local library which is established or maintained
under any law of the Commonwealth or the library of any
university, college or educational institution chartered by the
Commonwealth or the library of any public school or branch reading
room, deposit station or agency operated in connection therewith,
shall be confidential and shall not be made available to anyone
except by a court order in a criminal proceeding.
Unfortunately for parents and
guardians, legal council overwhelming indicates that Act 90
applies equally to library borrowers of all ages, thus protecting
the privacy of children’s borrowing records. The law was deemed
applicable to parents and children to protect some juveniles from
parental abuse that may ensue from their selection of library
materials. Act 90 also protects all borrowers from disclosure of
their library records without due process of law.
The library system realizes that
under some circumstances this presents a roadblock for parents
simply trying to return children’s materials on time. We
encourage parents to take an active role in their children’s
book selection by visiting the library with them and sharing their
reading experiences.
- A borrower may request a list of
the books that are checked out on his/her card or set up a PIN
in the circulation system enabling him/her to check his/her
personal borrowing record.
- Some parents elect to wait until
a child is mature enough to oversee his/her own borrowing
habits before signing for a personal card.
We apologize for any inconvenience
this policy may cause, but must abide by the law for the
protection of all juveniles.
Approved by FCLS
Board July 15, 2003
A printable version
of the confidentiality statement may be obtained here.
|